Bashishth Singh @ Bashishth Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33977 of 2024 Arising Out of PS. Case No.-282 Year-2023 Thana- BARAHAT District- Banka ====================================================== 1.
BASHISHTH SINGH @ BASHISHTH KUMAR S/O RAMDEV SINGH R/O VILLAGE- KOLHATHA, POST- KOLHATHA, P.S- BARAHAT, DISTT.- BANKA, BIHAR-813109.
2.
AJIT KUMAR SINGH S/O LATE VIJAY KUMAR SINGH R/O VILLAGE- KOLHATHA, POST- KOLHATHA, P.S- BARAHAT, DISTT.- BANKA, BIHAR-813109.
3.
MITHILESH SINGH @ MANISH KUMAR MANISH S/O SANJAY PRASAD SINGH R/O VILLAGE- KOLHATHA, POST- KOLHATHA, P.SBARAHAT, DISTT.- BANKA, BIHAR-813109. 4.
RAMDEV SINGH S/O LATE GANPAT SINGH R/O VILLAGEKOLHATHA, POST- KOLHATHA, P.S- BARAHAT, DISTT.- BANKA, BIHAR-813109.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Jai Shankar Prasad, Advocate For the State :
Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-05-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 385, 386, 379, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, came to the informant's field and took away ten quintal paddy and also demanded extortion of Rs. 50,000/-.
Patna High Court CR. MISC. No.33977 of 2024(2) dt.22-05-2024 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioners that from bare perusal of the F.I.R. it is apparent that the informant is not an eye witness of the occurrence and only on information given by the care taker, this false and concocted case has been lodged. Learned counsel submits that as a matter of fact, there is land dispute between the parties and Jamabandi No. 191 and Jamabandi No. 448 are running in the name of both the parties of the land in dispute and taking advantage of the situation, this false and concocted case has been lodged. It is further submitted that during investigation, no one has claimed to have seen the alleged occurrence. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Civil
Patna High Court CR. MISC. No.33977 of 2024(2) dt.22-05-2024 3/3 Court, Banka, in connection with Barahat P.S. Case No.282 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T